S .SARASWATHI AMMA Vs. KOVIL RAJ

JUDGEMENT

(1.) This Civil Revision Petition has been filed, against the order dated, 3/1/2014, made in IA.No.939 of 2013 in OS.No.2 of of 2012, by the District Munsif, Sathankulam.

(2.) The facts of the case, in a nutshell, are that the 1st Defendant is the Petitioner and the Plaintiff and the 2nd Defendant are the Respondents. Thesuit was filed for declaration of title and mandatory injunction. In the suit, the 1st Defendant had filed the above application, seeking to eschew Ex.A16, and since the said prayer was denied by the impugned order, this Civil Revision Petition has been filed.

(3.) The learned counsel for the Petitioner has submitted that when Ex.A16 is an unregistered and insufficiently stamped document and when the said document was not filed in the plaint, but it was shown to DW.1 during the cross examination, without impounding the document, it cannot be taken in evidence and hence, the court below erred in rejecting the said document.